Terms of Service

1. Eligibility

Our Services are primarily offered to businesses and their authorized representatives.

By purchasing or using our Services, you represent that:

• You are at least 18 years old
• You have authority to act on behalf of the business receiving the Services
• Information you provide to TX Agency is accurate
• Your use of the Services complies with applicable law

2. Services

TX Agency provides AI-powered business automation and related services.

Services may include:

• AI voice receptionists and voice agents
• Automated lead response
• SMS lead engagement
• Lead follow-up and reactivation
• Appointment scheduling
• CRM configuration and automation
• Review request automation
• Website forms and chat widgets
• Website development
• Workflow and business process automation
• Related consulting and implementation services

The exact Services provided to each client may be described in a proposal, service agreement, order form, invoice, onboarding document, or other written agreement.

If a separate written agreement conflicts with these Terms, the specific written agreement will control to the extent of that conflict.

3. Fees and Payment

Clients agree to pay all fees disclosed and agreed to when purchasing Services.

Services may include:

• One-time setup or implementation fees
• Recurring subscription fees
• Usage-based charges
• Third-party platform or communication charges
• Additional development or customization fees

Recurring subscriptions continue until canceled according to the applicable service agreement.

Unless otherwise agreed in writing, cancellation prevents future subscription renewals but does not automatically refund amounts already paid.

Except where required by law or expressly stated otherwise in writing, setup fees, completed work, subscription payments, and usage charges are non-refundable.

TX Agency may change pricing for future billing periods by providing reasonable notice to affected clients.

4. Client Responsibilities

Clients are responsible for providing accurate information necessary to configure and operate the Services.

Clients are also responsible for:

• Reviewing information provided to automated systems
• Keeping business hours, pricing, services, policies, and other business information accurate
• Monitoring automated communications when appropriate
• Maintaining required licenses and permissions
• Ensuring communications made on their behalf comply with applicable law
• Obtaining required consent from customers and leads
• Providing legally required disclosures
• Maintaining appropriate privacy policies and terms for their own business

TX Agency is not responsible for consequences caused by inaccurate, incomplete, outdated, or misleading information supplied by a client.

5. SMS, Telephone, and Marketing Compliance

Clients using TX Agency's SMS, telephone, AI voice, lead reactivation, or marketing automation Services are responsible for complying with applicable telecommunications, advertising, privacy, and consumer protection laws.

This may include requirements under the Telephone Consumer Protection Act, CAN-SPAM Act, state telemarketing laws, carrier rules, consent requirements, and other applicable regulations.

Clients must obtain legally sufficient consent where required before initiating automated or marketing communications.

Clients must honor valid opt-out and consent revocation requests as required by applicable law.

Clients may not use TX Agency Services to send unlawful spam, conduct illegal robocalling, purchase or contact unlawfully obtained lead lists, conceal the identity of a sender, or otherwise engage in prohibited communications.

6. SMS Messaging Terms

Program: TX Agency (TX4 Management Group) sends text messages to people who request a free demo or information and opt in, including through our Facebook and Instagram lead forms.

Messages: demo scheduling links, appointment confirmations and reminders, follow-ups about your inquiry, and occasional information about our services.

Frequency: message frequency varies.

Cost: message and data rates may apply.

Opt out: Reply STOP at any time to stop receiving messages. You will receive one confirmation message and no further texts.

Help: Reply HELP for help, or contact sam@txagency.online or 201 429 5524.

Consent to receive texts is not a condition of purchase.

Carriers are not liable for delayed or undelivered messages.

You must be 18 years of age or older to use this SMS service.

Text STOP to opt out at any time.

Reply HELP for assistance, or contact sam@txagency.online or 201 429 5524.

Message and data rates may apply.

See our Privacy Policy at txagency.online/privacy for how we handle your information.

7. Call Recording and Transcription

Voice AI Services may support call recording, transcription, summarization, or analysis.

Consent requirements for recording communications vary between jurisdictions.

Clients are responsible for determining and satisfying applicable recording, notice, and consent requirements for calls made or received through systems configured for their businesses.

TX Agency may assist with configuring disclosures but does not guarantee that a particular disclosure satisfies every law applicable to the client's business or callers.

8. Artificial Intelligence

Our Services may use artificial intelligence and automated systems to interact with customers, answer questions, generate messages, qualify leads, schedule appointments, and perform related tasks.

Artificial intelligence is probabilistic and may occasionally:

• Misunderstand a request
• Provide inaccurate information
• Generate an unexpected response
• Fail to complete an intended action
• Experience delays or outages

Clients acknowledge these limitations and agree to maintain reasonable human oversight appropriate for their use of the Services.

TX Agency does not guarantee that AI-generated information will always be complete, accurate, or error-free.

Our Services do not provide legal, medical, accounting, financial, or other licensed professional advice.

9. No Guarantee of Business Results

TX Agency may design Services intended to improve response times, lead management, appointment booking, customer communication, or operational efficiency.

Business results depend on numerous factors outside TX Agency's control.

We do not guarantee:

• A specific number of leads
• Appointment volume
• Conversion rates
• Revenue
• Profit
• Customer retention
• Review volume or rating
• Advertising performance
• Any particular return on investment

10. Acceptable Use

You may not use the Services to:

• Violate applicable law
• Harass, threaten, deceive, or abuse another person
• Send unlawful spam or unsolicited automated communications
• Commit fraud or impersonate another person or business
• Distribute malware or malicious content
• Attempt unauthorized access to systems or information
• Reverse-engineer or interfere with TX Agency systems
• Circumvent security measures
• Use our Services in a manner that could materially damage TX Agency, our providers, clients, or third parties
• Resell or sublicense Services without written authorization from TX Agency

We may suspend or terminate Services when we reasonably believe they are being used unlawfully or in violation of these Terms.

11. Third-Party Services

Our Services rely on third-party platforms, telecommunications providers, AI providers, hosting services, CRM platforms, APIs, and other technology.

These may include services such as GoHighLevel and ElevenLabs.

Third-party services may experience outages, errors, API changes, service limitations, policy changes, or discontinuation outside TX Agency's control.

TX Agency is not responsible for failures caused solely by third-party platforms outside our reasonable control.

We may replace or modify third-party providers when reasonably necessary to continue providing our Services.

12. Intellectual Property

TX Agency retains ownership of its proprietary systems, processes, workflows, templates, software, documentation, methodologies, designs, automation frameworks, and other intellectual property unless otherwise agreed in writing.

Clients retain ownership of business content, trademarks, logos, customer information, and other materials they provide to TX Agency.

Ownership of custom websites, software, designs, AI configurations, or other deliverables may be governed by the applicable proposal or service agreement.

Nothing in these Terms transfers ownership of TX Agency's underlying tools, systems, templates, or intellectual property unless expressly stated in writing.

13. Confidentiality

TX Agency may receive confidential business information while providing Services.

We will use reasonable care to protect confidential information and will use it primarily for providing, supporting, maintaining, and improving the Services or as otherwise authorized by the client.

Confidentiality obligations do not apply to information that is publicly available through no fault of TX Agency, independently developed, lawfully obtained from another source, or required to be disclosed by law.

14. Service Availability

We aim to provide reliable Services but do not guarantee uninterrupted or error-free availability.

Services may occasionally be unavailable because of maintenance, telecommunications failures, internet outages, third-party platform issues, security incidents, or circumstances outside our reasonable control.

15. Suspension and Termination

TX Agency may suspend or terminate Services for reasons including:

• Non-payment
• Violation of these Terms
• Unlawful use
• Abuse of our Services
• Security threats
• Conduct that creates substantial risk to TX Agency, our technology providers, clients, or third parties

Where practical, we will provide notice and an opportunity to resolve the issue before termination.

Serious legal, security, fraud, or abuse concerns may require immediate suspension.

Clients may cancel Services according to their applicable subscription or service agreement.

16. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TX AGENCY DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTIES THAT MAY OTHERWISE ARISE FROM THE USE OF THE SERVICES.

We do not guarantee that the Services will always be uninterrupted, secure, accurate, or error-free.

Some jurisdictions may not permit certain warranty exclusions, in which case these exclusions apply only to the extent permitted by law.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TX AGENCY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR BUSINESS INTERRUPTION ARISING FROM OR RELATED TO THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, TX AGENCY'S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNT PAID BY THE CLIENT TO TX AGENCY DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations do not apply where liability cannot legally be excluded or limited.

18. Indemnification

To the extent permitted by law, clients agree to defend, indemnify, and hold harmless TX Agency and its owners, employees, contractors, and affiliates from third-party claims, liabilities, damages, losses, and reasonable expenses arising from:

• The client's unlawful use of the Services
• Communications initiated by or on behalf of the client in violation of applicable law
• Client-provided content or information
• The client's violation of these Terms
• The client's violation of third-party rights

19. Governing Law

These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law principles.

Before initiating formal proceedings, the parties agree to make a reasonable good-faith effort to resolve disputes informally.

Unless otherwise required by applicable law or agreed in writing, disputes arising from these Terms or Services will be brought in a court of competent jurisdiction located in New Jersey.

20. Changes to These Terms

We may update these Terms periodically.

The updated version will display a revised “Last Updated” date.

Material changes affecting active Services may also be communicated directly to clients where appropriate.

Continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by law.

21. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

22. Entire Agreement

These Terms, together with any applicable proposal, order form, service agreement, or other written agreement between TX Agency and the client, constitute the agreement governing the applicable Services.